An Offer Must Be Definite

If a proposal is vague or incomplete, a court will not enforce it. The terms must be definite enough to allow the court (1) to determine what was intended by the parties and (2) to fix their legal rights and duties.

There are, however, some important exceptions to the requirement of definiteness. For example, medical, dental, and legal fees are often set after the work is completed. Many workers are employed on a payday basis; the actual length of employment remains uncertain. In contracts between merchants, when either the price or the credit and delivery terms are not specified, current market prices and trade customs may be used to provide such details.

In business, producers sometimes agree to sell their entire output to a single buyer during a specified period. Sometimes buyers agree to purchase all of certain materials they may need during a given period from a single supplier. In both cases, the actual amounts remain uncertain until the contracts are performed. The parties must act in good faith as to quantities delivered or demanded.

An Offer Must be Communicated to the Offeree

Example: Julia absentmindedly left her bag on the steps of her higher school. There was a pocket computer and other valuables in it. After class she posted an ad on three boards/ offering $15 to anyone who would return her bag. Ms. Lehman, a teacher, who hadn’t seen the ad, found the bag and returned it. Is she entitled to the reward? — No, she is not.

A person cannot accept an offer without knowing about it. That is because any action taken would not have been a response to the offer. Thus an offer that is made to certain persons or even to the general public cannot be accepted by someone who has never seen or heard of the offer. In such cases, the offerer may get what was sought, but most courts require that anyone who claims the prize or reward must have known of the offer and acted in response to it when performing the requested act.

Vocabulary

legal obligation правовая/ юридическая обязанность

vague нечеткий

legal remedy судебная защита

to bargain торговаться о цене; договариваться; вести переговоры

fee гонорар, плата

tentative пробный, экспериментальный

terms условия соглашения

merchandise товары

prospect потенциальный клиент

reward вознаграждение

act in good faith действовать добросовестно